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BASUDEV DUTTA v. THE STATE OF WEST BENGAL

Supreme Court of India | Diary 1609/2024

Status

Judgment

Decided On

2024-12-05

Bench

HON'BLE MR. JUSTICE R. MAHADEVAN, HON'BLE MR. JUSTICE J.B. PARDIWALA

Petitioner

BASUDEV DUTTA

Respondent

THE STATE OF WEST BENGAL

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Full Judgment Text

2024 INSC 940

1

REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL No. 13919 OF 2024

(Arising out of SLP (C) No.8026 of 2024)

BASUDEV DUTTA ... APPELLANT(S)

VERSUS

THE STATE OF WEST BENGAL & ORS. ... RESPONDENT(S)

J U D G M E N T

R.MAHADEVAN, J.

Leave granted.

2. Assailing the final judgment and order dated 16.08.2023 passed by the

High Court of Calcutta1 in W.P.S.T. No. 106 of 2013, the appellant has come up

with this appeal. Vide the said order, the High Court set aside the order dated

28.08.2012 passed by the West Bengal State Administrative Tribunal at Calcutta2

in O.A.No.331 of 20113, in which, the order of termination passed against the

appellant herein was set aside, however, the authority concerned was granted

liberty to proceed against the appellant in accordance with law, following the

1 Hereinafter shortly referred to as “the High Court” 2 Hereinafter shortly referred to as “the Tribunal” 3 Basudev Dutta v. The State of West Bengal and Others

2

principles of natural justice.

3. According to the appellant, when he was aged about 16 years, he along

with his father by name Hariananda Dutta, came to India from East Pakistan (now

Bangladesh) and his father was issued with a Migration Certificate being

No.D/65/69 dated 19.05.1969 by the authority concerned. Subsequentl...

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